United States Ninth Circuit

In an attempted murder prosecution, dismissal of petitioner's habeas petition as untimely is affirmed where the verification requirement for a California habeas petition was so important under California law that, where a petitioner is denied the opportunity to provide a verification upon filing, he must provide one prior to any judicial proceeding.

Appellate Information

• Decided 09/10/2009
• Published 09/10/2009

Judges

• TALLMAN, Circuit Judge:, Before: FERDINAND F. FERNANDEZ, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lorilee M. Gates, Pasadena, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Michael R. Johnsen, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.